A transfer of a legal lease is called an assignment. It must be:
Completed by deed, regardless of the duration of the lease itself or how long there is still to run: s 52 LPA 1925, Crago v Julian [1992] 1 All ER 744. The transfer document must comply with s 1 LP(MP)A 1989;
If the lease has already been registered, the assignment must also be registered in accordance with the LRA 2002, s 27(2)(a);
If the lease has not already been registered, but [...](which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate (LRA 2002, s 4(1)(a) and s 4(2)(b)).
A contract to transfer a legal lease must comply with LP(MP)A 1989, s 2. Remember the transferee, at the contract stage, holds an equitable lease (provided specific performance is available on the valid contract as per Walsh v Lonsdale (1882) 21 Ch D 9, see para 3.8 below).
Answer
has more than seven years to run at the date of the assignment
Tags
#estates #land #law #leasehold
Question
Formalities to Transfer a Legal Lease
A transfer of a legal lease is called an assignment. It must be:
Completed by deed, regardless of the duration of the lease itself or how long there is still to run: s 52 LPA 1925, Crago v Julian [1992] 1 All ER 744. The transfer document must comply with s 1 LP(MP)A 1989;
If the lease has already been registered, the assignment must also be registered in accordance with the LRA 2002, s 27(2)(a);
If the lease has not already been registered, but [...](which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate (LRA 2002, s 4(1)(a) and s 4(2)(b)).
A contract to transfer a legal lease must comply with LP(MP)A 1989, s 2. Remember the transferee, at the contract stage, holds an equitable lease (provided specific performance is available on the valid contract as per Walsh v Lonsdale (1882) 21 Ch D 9, see para 3.8 below).
Answer
?
Tags
#estates #land #law #leasehold
Question
Formalities to Transfer a Legal Lease
A transfer of a legal lease is called an assignment. It must be:
Completed by deed, regardless of the duration of the lease itself or how long there is still to run: s 52 LPA 1925, Crago v Julian [1992] 1 All ER 744. The transfer document must comply with s 1 LP(MP)A 1989;
If the lease has already been registered, the assignment must also be registered in accordance with the LRA 2002, s 27(2)(a);
If the lease has not already been registered, but [...](which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate (LRA 2002, s 4(1)(a) and s 4(2)(b)).
A contract to transfer a legal lease must comply with LP(MP)A 1989, s 2. Remember the transferee, at the contract stage, holds an equitable lease (provided specific performance is available on the valid contract as per Walsh v Lonsdale (1882) 21 Ch D 9, see para 3.8 below).
Answer
has more than seven years to run at the date of the assignment
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Open it l ER 744. The transfer document must comply with s 1 LP(MP)A 1989; If the lease has already been registered, the assignment must also be registered in accordance with the LRA 2002, s 27(2)(a); If the lease has not already been registered, but <span>has more than seven years to run at the date of the assignment (which may arise if it was created before the enactment of the LRA 2002) then the assignment gives rise to compulsory first registration of the leasehold estate (LRA 2002, s 4(1)(a) and
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